Supreme Court underscores Tamil Nadu’s due representation on UPSC committee set to recommend regular police chief

The Supreme Court on Thursday underscored that Tamil Nadu must have full and due representation on the empanelment committee of the Union Public Service Commission (UPSC) set to recommend a regular police chief for the State.

The order by a Bench, headed by Chief Justice of India Surya Kant, ensured that States’ representation is not undercut in the selection of their police chiefs tasked with protecting law and order. The committee comprises the UPSC Chairperson or his nominee, the Union Home Secretary or his nominee, the Chief Secretary of the State concerned, the incumbent DGP, and an officer nominated by the Ministry of Home Affairs. 

In Tamil Nadu’s case, the last regular DGP, Shankar Jiwal, had retired on August 31 last year. The State had appointed G. Venkataraman as the DGP in-charge. However, Mr.  Venkataraman is also one of the candidates in the running for the post. Tamil Nadu had written to the UPSC to allow the Additional Chief Secretary to come in place of the DGP on the empanelment committee, as Mr. Venkataraman could not sit on a selection panel when he himself was a candidate in the reckoning.

The UPSC rejected the State’s request and convened a meeting in September last year, in which Mr. Venkataraman did not participate on the principle that “no one can be a judge of his own cause”, though the Chief Secretary did attend.

In its application before the Supreme Court, Tamil Nadu, represented by senior advocate P. Wilson and advocate Sabarish Subramanium, contested the UPSC’s stand.

Mr. Wilson argued that the UPSC’s refusal to accommodate the alternative choice of Additional Chief Secretary had deprived Tamil Nadu of its rightful number of representatives on the committee.

The court agreed with Tamil Nadu that the slot of DGP in the panel should not remain vacant merely because the acting DGP was also a candidate in the zone of consideration. “Such a situation cannot lead to a reduction of representation for Tamil Nadu in the selection committee. Like States, Tamil Nadu is also entitled to two representatives — the Chief Secretary and a substitute for the acting DGP [Mr. Venkataraman],” Chief Justice Surya Kant observed.

The Bench gave Tamil Nadu permission to nominate an officer higher in rank and status than the DGP, such as the Additional Chief Secretary, as a substitute to join the Chief Secretary on the committee.

“The State’s power to represent in the selection of the DGP cannot be reduced by rejecting the request to have the Additional Chief Secretary/Home Department of this government as a Member in lieu of the Director-General of Police to participate in the empanelment  committee meeting,” Tamil Nadu’s application said.